POLS Chapter 9 Notes
POLS Chapter 9 Notes POLS 1101
Popular in American Government
verified elite notetaker
Popular in Political Science
This 13 page Class Notes was uploaded by Kyla Brinkley on Thursday October 8, 2015. The Class Notes belongs to POLS 1101 at University of Georgia taught by Ryan Bakker in Summer 2015. Since its upload, it has received 92 views. For similar materials see American Government in Political Science at University of Georgia.
Reviews for POLS Chapter 9 Notes
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 10/08/15
Kyla Brinkley POLS 1101 Notes Fall 2015 Bakker Chapter 9 The Federal Judiciary a Setting the Stage for Judicial Review i Federalists passed judiciary act of 1801 1 Designed to protect Constitution against perceived DemocraticRepublican schemes sharply increased the number of district and appeals courts and conveniently created new judgeships for aspiring Federalists 2 Shrank supreme court from 6 to 5 members 3 John Marshall new chief justice Democratic republicans derided the judiciary as a hospital of decayed politicians and made clear their intention to repeal the judiciary act as soon as their congress opened the following December iii Judicial review the authority of a court to declare legislative and executive acts unconstitutional amp therefore invalid iv Nearly everyone appears to have accepted that the Constitutions supremacy clause article VI allows the supreme court to exercise judicial review and veto state laws that trespassed on federal jurisdiction or violated the Constitution v Stuart v Laird 1 Supreme court rules that congress has authority to reorganize the judiciary 2 Federalist party would never again win control of presidency or either chamber of Congress vi Marbury v Madison 1 Established Court s coequal status among branches of the gov 2 Writ of mandamus judicial instruction to a government officer to perform his duty amp deliver the commissions a This gov officer was secretary of state James Madison 3 Bad case for a weak Court apparent nowin situation 4 Marbury case provided a precedent that the other branches actors didn t repudiate and a rationale for the Court s broad authority to declare acts of Congress and of the president unconstitutional 5 Expansion of judicial review b Three Eras of the Court s Judicial Review i changes in judicial review 1 17901860 low 2 1920s30s high 3 1960s high again ii Issues in important cases in the 3 eras 1 Nationstate authority 2 Gov regulation of the economy 3 Civil rightsliberties iii Nation vs State 1 Chief justice john Marshall maintained that the national government s legitimacy was both independent of amp superior to that of the individual states amp concluded that the power of judicial review applied to the actions of state govs 2 McCulloch v Maryland amp National Supremacy a b C d e 1819 Democraticrepublicans wanted to tax national bank made by federalists out of existence Marshall declared that state taxation of federal property is unconstitutional State argued that nothing in constitution allows federal gov to charter a national bank but Marshall said necessary and proper clause gives congress a broad mandate to use all means which are appropriate Federal authority trumps state authority i Reversed in Dred Scott 3 Dred Scott v Sandford amp States Rights a b c d 1857 Brought nation to brink of civil war Claimed that blacks weren t citizens under constitution Ruled that escaped slaves in the north had to be returned to owners f g h iv Regulating 1 From Chief justice Roger Taney selected by pres Andrew Jackson Outlawing slavery north of the MasonDixon line is unconstitutional Public outcrydiscredited Court After civil war 14th 15th amendments ratified the National Economy 1860s1930s 2 The Primacy of Property Rights a b c d Framers saw right to private property as fundamental Sympathy for property rights Court defined corporations as persons Lochner v New York i 1905 ii Court struck down new York law restricting the hours of bakers to a max of 10 hrsday or 60 hrsweek iii Said it interfered with individual s rights 1920s Court more conservative on economic issues i Struck down laws regulating business Court ruled against regulation during depression A National Consensus amp the Court s About Face i Roosevelt proposed plan for revamping judiciary ii Courtpacking plan an attempt by FDR in 1937 to remodel the federal judiciary Its purpose was to alleviate the overcrowding of federal court dockets by allowing the president to appoint an additional Supreme Court justice for every sitting justice over the age of 70 The legislation passed in the House but failed in the Senate by a single vote If it had passed Roosevelt could ve added 6 new justices installing a new Court majority sympathetic to his New Deal programs iii However Court began to uphold same type of economic regulations it had been rejecting for the past 2 years iv Eventually justices diedretired so Roosevelt appointed his own v Court s rulings shifted power dramatically to federal gov and away from the states v The Rise of Civil Rights and Civil Liberties 1 Began 1940s 2 Relationship between individual and government 3 Benefited criminal defendants used bill of rights 4 NAACP challenged segregation vi A 4th Era Reasserting Judicial Review amp a Return to States Rights 1 Conservative supreme court chief justice William Rehnquist appointed by Nixon chief justice by Reagan 2 Sympathetic to reigning in power of federal gov over the states 3 Rehnquist O Conner Scalia Kennedy Thomas 4 United states v Lopez a Court struck down legislation as exceeding congress s powers under the commerce clause b Court said that gun possession in a school zone was not economic activity that could substantially affect interstate commerce 5 United states v Morrison a Court struck down part of violence against women act b Gender motivated crimes of violence were not economic activity 6 Concern that federal gov had gone too far 7 Deeply involved in administration of national policy 8 Overseeing bureaucracy s performance 9 Acts as extension of the bureaucracy c The Structure of the Federal Judiciary i US has hundreds of federal courts but only Supreme Court is mentioned explicitly in constitution article lll ii Constitutional courts category of federal courts vested with the general judicial authority outlined in article III of the Constitution The most important are the Supreme Court the courts of appeals and the 94 district courts Their authority derives from that of the Supreme Court and they are supposed to conform to its decisions iii Supreme Court s effectiveness rests on delegation persuading the lower federal judiciary by the strength of its cpinions to implement its policies iv Jurisdiction in the Federal Courts 1 Federal courts have limited jurisdiction 2 Federal courts are authorized to hear two types of cases a Those concerning federal questions b Those involving citizens of different states 3 Jurisdictional questions can be complicated by the face that state courts also have jurisdiction over federal civil claims unless congress has given federal courts exclusive jurisdiction over certain kinds of federal cases v The Supreme Court s Delegation 1 Federal judiciary 3 layered pyramid a 94 district courts the trial courts of original jurisdiction L 590judges ii Every state has at least 1 iii 3 largest states California New York Texas have 4 iv Most cases in the federal system must start there b 13 courts of appeals L 158judges ii 11 separate geographic regions circuits cover the 50 states iii 12 is assigned to DC iv 13th is US Court of Appeals for the Federal Circuit 1 Has nationwide jurisdiction 2 Deals with specialized federal law like patent amp trademark law v 3judge panels to review district court decisions c Supreme Court is court of final appeal i May hear cases appealed from the lower federal courts or directly from the highest state courts when an important constitutional question is in dispute ii Depends heavily on the lower courts behaving like loyal agents iii Wields few administrative controls over the lower courts vi The Limits of Internal Control 1 Life tenure of the judges insulates the judiciary from the other branches and each other 2 Only congress can remove a federal judge amp only for serious offenses 3 Supreme court can t distribute the caseload to the lower courts a Distribution of cases depends on geographical jurisdictions created by congress 4 Policy differences occur when lower court judges take advantage of ambiguities arising from the particular facts of a case or in the language of the Court to avoid complying with its preferences a Happened with Brown v Board b Court ordered public schools to desegregate with all deliberate speed instead of setting a deadline inviting them to move slowly 5 Supreme court can reverse lower court decisions so many judges make rulings that align with supreme coun d Judicial Decision Making i Supreme court decides less than 100 cases annually 1 of the appeals it receives ii Selecting Cases 1 1925 number of appeals began to grow 2 Writ of certiorari litigants must file requests that the Court order a lower court to send it the records of the trial in question a Helped Supreme Court gain control of its caseload 3 Rule of four when 4 justices support hearing a case the certiorari petition is granted 4 Takes a long time to sift through petitions staffed only by a few law clerks Each justice can hire up to 4 clerks usually law school graduates 5 Because justices want to weigh in on cases where they think the lower courts have made an error cases granted certiorari have a good chance of being overturned 23 are every year on avg 6 Resolving LowerCourt Disagreements a Justices look for cases they can use to resolve ambiguities amp conflicting lowercourt decisions 7 Taking Cues From Others a Court allows interested groups no party to the litigation interest groups businesses and gov agencies among others to submit amicus curiae briefs arguing that a certiorari petition should be granted or denied b These groups testify in front of supreme court i Most important is federal gov c Solicitor general the official responsible for representing the US government before the Supreme Court A ranking member of the US dept of Justice d Presence of amicus curiae briefs from prestigious sources increases a case s chances of being accepted by the Court e The gov and interest groups promote cases they think will attract the Court iii Doctrine Policymaking by the Court 1 Judicial doctrine the practice of prescribing in a decision a set of rules that are to guide future decisions on similar cases Used by the supreme court to guide the lower courts in making decisions a provides info for estimating how far lower courts can diverge from supreme courts preferences before being reviewed amp overturned 2 procedural doctrine governs the specific ways in which the lower courts should do their work a stare decisis let the decision stand In court rulings a reliance on precedents or previous rulings in formulating decisions in new cases i Can t strictly determine the outcome of many cases ii Judge must decide if precedent applies to particular case b Standing the right to bring legal action Sufficient personal stake in the outcome to bring the case to court 3 Substantive doctrine similar to policymaking Guides judges on which party in a case should prevail a Although the ideology of judges matters most at higher levels where doctrine is made current doctrine often leaves judges with abundant discretion in lower courts b A judge who in the absence of a clear violation of the Constitution or established doctrine will defer to the policies emanating from the elected branches is described as exercising judicial restraint c Those who change doctrine to conform with their view of the constitution in a changing society are exercising judicial activism i Today the term activistis often used to describe a judge who seeks to substitute their policy views for the views of the legislature iv Deciding Doctrine 1 Every supreme court decision contains 2 elements essential to creating doctrine a The vote that decides the case b The opinion a statement in which the majority explains the rationale for its decision in a way that creates doctrine and the minority articulates why it dissents i Author of an opinion voices the majority position amp in doing so strongly influences the shape of that judicial policy ii Once drafted goes through prolonged internal bargaining as writer tries to persuade other justices that its legal arguments are correct iii Often have to change language or blur message so everyone in the majority can agree c The prevalence of closely divided decisions is a modern development d Dissenting opinion the written opinion of one or more Supreme Court justices who disagree with the ruling of the Court s majority The opinion outlines the rationale for their disagreement e Concurring opinion a written opinion by a supreme court justice who agrees with the decision of the court but disagrees with the rationale for reaching that decision 2 passage of Judiciary Act 1925 a Gave supreme court more control over caseload b before that supreme court decided many cases i more unanimous opinions 3 rise in opinion writing a Court stopped contesting authority of congress and pres to regulate economic activity and began applying bill or rights to state not just federal actions b Rise of divided party control of gov e The Supreme Court s Place in the Separation of Powers i Court doesn t always have last word on public policy ii Absence of Judicial Enforcement 1 Absence of enforcement authority has allowed congress and pres to sometimes ignore Supreme Court rulings a Ex Jackson now let them enforce it forced Cherokee to give up their lands trail of tears after supreme court said this was unconstitutional 2 Presidents realize that congress is more willing to relax control when it knows it can easily reassert its preferences a By continuing to honor these statutory provisions designed to create more flexible principalagency relations the elected branches have colluded informally to overrule the supreme court s verdict on the unconstitutionality of the legislative veto iii Constitutional amp Statutory Control 1 Several provisions of the constitution equip congress and the pres with the power to rein in the supreme court when they disagree with its decisions 2 Constitution didn t specify size of supreme court but since 1869 number has been set at 9 3 Congress can also move to amend the constitution 4 Supreme court can t impose a radically different interpretation of the constitution for long without a reaction from the electoral branches iv Department of Justice 1 Attorney general the head of the department of justice Can select cases and choose to file in courts where the Justice Department is most likely to win amp create precedent for its legal position on an Issue 2 Includes all 94 US attorneys for each federal district a Presidential appointment b Department supervision 3 Houses agencies like FBI drug enforcement administration etc v Judicial Recruitment 1 Constitution provides that all federal judges shall be nominated by the pres with the advise and consent of the senate 2 Judicial nominations president nominates senate accepts or rejects a Opposite of a veto b Gives politicians chance to influence policies of judiciary c Guarantees that pres and senate will carefully consider the nominees political views 3 Presidential Appointments a Nominations to the district courts have concerned the senators from the state where the court is located more than the president b Senatorial courtesy an informal practice in which senators are given veto power over federal judicial appointments in their home states c Presidents impact on the supreme court depends on the frequency with which vacancies arise which pres can t control d when a vacancy occurs at any level of the federal judiciary the pres enlists several criteria in choosing a nominee i try to guess how nominee will vote on controversial issues of the day ii select nominees from their party iii interview carefullyexamine their work iv might use as opportunity to reward a political ally or personal associate v also focus on religion sex race to build support with constituents 4 Senate Confirmation a One pres has named someone to fill a judicial vacancy the Senate Judiciary Committee schedules confirmation hearings so it can make recommendation to full chamber b Goes through easily when same party controls both branches c If opposite party controls senate look at nominee more carefully and happens slowly d Thurmond Rule refers to an opposition party s decision to block further confirmations of appeals court nominees during an election year e Confirmation veto offers an opposition controlled Senate more influence than the generally small number of rejected nominees would indicate f Because judges do make policy it s fitting that the pres and congress take their ideology into account and understandable that they prefer judges who agree with their political views 5 Turnover as the Source of Shifting Judicial ldeology a Judges appointed by democratic presidents vote liberally and vice versa b Justices appointed by republicans Reagan and Bush ushered in 4th Era impacted balance of power between federalstate govs c Even though district judges opinions are constrained by the appeals courts and supreme court they still favor the ideology of pres who appointed them d Since they are appointed for life judiciary preferences can be different from those in the other branches i Can cause conflict f Who Guards the Guardians To enforce its policies judiciary depends on the compliance of other institutions Congress can nullify an adverse judicial decision by writing a new public law that addresses the Court s concern etc Limits on judiciary 1 Limited veto authority offered by judicial review 2 Huge caseload 3 Lack of enforcement authority 4 Life tenure of members 5 Presidents nominate senate confirms 6 Decisions rarely final iv But doctrine of judicial review has worked because it doesn t foreclose effective responses from the other branches
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'